...JSale. GB41- Employment Law Professor Shawn Pattinson 1 Do you agree with the court that age and years of service are sufficiently distinct to allow for terminations based on years of service and to find no violation of the ADEA where the terminations result in a greater proportion of older workers being fired? The Age Discrimination in Employment Act (the ADEA) forbids discrimination based on age by protecting individuals over the age of forty from “arbitrary” age discrimination. Congress passed the Age Discrimination in Employment Act to “promote employment of older persons based on their ability rather than age (29. U.S.C. 621b. 1990). In Hazen Paper Co. v. Biggins, the Supreme Court of the United States resolved a split in the circuit courts of appeals and held that an employer does not violate the Act when the employer makes a decision wholly motivated by factors other than age. In Hazen Paper, the employer terminated an employee to prevent the employee from vesting in his pension. Under the employer’s plan, the pension vested based upon the employee’s years of service and was not directly related to age. The Supreme Court rejected the plaintiff’s argument, holding that “age and years of service are analytically distinct” and that it is “incorrect to say that a decision based on years of service is necessarily ‘age-based (Hazen Paper Co. v. Biggins. 507 U.S. 604 (1993). The Supreme Court concluded that there is no disparate treatment under the ADEA when the factor...
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...principal processing plant. The plant crew is primarily young with 85% between the ages of 25 and 35. It is located in Heartland Corners U.S.A. which is comprised of 50% white and 25% African American with the remaining 25% Hispanic American, Asian American and others. The company requires a high school diploma for employment on its cleaning crew and the entire crew is white. Statistically, 75% of Heartlands Corners white population has completed high school while 25% of those in minority groups have completed high school. We will look to see if the company is in in compliance with Title VII of the Civil Rights Act (CRA) of 1964 and the Age Discrimination Employment Act (ADEA) and if the company should make any changes to their policies and why those changes are necessary along with recommendations. We will also discuss how Title VII of the CRA of 1964 and the ADEA may or may not apply and how disparate treatment and adverse impact may or may not apply. There is also a reference page at the end of the paper quoting references and a grading rubric. Compliance to CRA 1964 The CRA barred racial discrimination in businesses, voter registration, and in any program that received support from the federal government. It also gave the Justice Department legal power to desegregate public facilities, including swimming pools, parks and libraries and is comprised of 21 titles. It prohibits discrimination on the basis of race, color, religion, and national origin, (La Prensa, 1997). In...
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...violation of the Family and Medical Leave law because employer X obliged to the requirements of the FMLA to reinstate the employee back to the previous job and at the previous rate of pay, after his leave. This Act allows employees to take unpaid leave, which was the case with employee A and thus, he did not deserve to be paid the salary for the 11 weeks he was on leave. The Family and Medical Leave Act (1993), permits entitled employees to take unpaid leave of up to twelve full weeks every year after a child is born or due to a serious sickness of the employee or a close family member. The law intended to extend employment protection to workers for specified medical and family reasons, and benefit employers by alleviating their employee’s family life, thus causing the employees to become more productive, and less abstracted at work. To be eligible, workers need to work for a covered employer for twelve months, and applies to employers who have 50 or more employees. The law requires that after an employee comes back from FMLA leave, he or she should be reinstated to the same job he held before the leave. The law does not, however, entitle an employee to continue accruing seniority or other benefits when on unpaid FMLA leave, though, the employee deserves to be returned to employment at a similar level and with equal benefits as existed while the leave began. Once an employee gets reinstated, his or her pay benefits must be restored, including salary or base wage and opportunities to...
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...Situation A – The Family and Medical Leave Act (FMLA) The Family Medical Act, Wage and Hour Division, under the United States Department of Labor that was enacted in 1993,necessitates that covered employers make available to employees leave that is related to work, and also unpaid for medical and family reasons that are considered fit. FMLA applies to employers with 50 or more employees, public agencies, and schools (Ford et al 2000). An employee is qualified for FMLA if they have reached 12 months of working for their employer, have worked for 1250 hours for him or her, and works where there at least 50 workers who are working for the same employer (The Family Medical Leave Act, 1993). It should be noted, however, that the leave period should not exceed 12 weeks for a period of 12 months. The conditions which enable one to benefit from FMLA are: * The delivery of a child, either a boy or girl or the placement of a girl or boy child with the employee for taking up or adoptive care (Ford et al 2000); * The care for an intimate such as a marital partner spouse, son, daughter, or parent who is very ill or injured; * If the employee has a serious health condition or injury that makes it almost impossible to do the tasks that they should do; or * For any eligible emergency that arises out of the point that an intimate such as a spouse, son, daughter, or parent is a member of the military on covered active duty or call to covered active duty status (Ford et al 2000)...
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...Steve Wood LIT1 - Legal Issues for Business Organizations Task 1 Scenario A The purpose of the Family and Medical Leave Act of 1993 is to offer a balance between the stresses of both work and life. There are three main provisions of the act that are critical to the overall takeaway of what this law means to this situation. First, “Eligible employees can take unpaid, job-protected leave (they can return to their position). When they return from leave, FMLA guidelines require that companies return employees to their former position, assuming they are able to perform the essential functions of that position. If the employee is no longer able to perform his or her previous job, an alternative position with the same benefits, salary, and work hours must be provided to the disabled employee.” (FMLA Online) Second, Their insurance coverage stays as if they had not taken leave, COBRA does not take effect. And, “the leave can be tailored to fit the needs of the individual.” (FMLA Online) The law allows for the employee to take unpaid time to be able to care for his family without the need to stress that there will not be a job waiting with the same pay. The other part about this that is awesome is the fact that the employee’s insurance coverage stays intact without the need to involve COBRA. This law can also be tailored to the needs of the individual. If they need to have a continuous full 12 weeks, they can; if they need the leave to be split in different blocks of time, they can; lastly...
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...Sep 05, 2015 1. The provisions of the Family and Medical Leave Act of 1993 Situation A According to The Family and Medical Leave Act of 1993, eligible employee is allowed to take a leave which is unpaid due to the birth of his or her child, adoption, or caring for a family member with diagnosed serious health conditions or/and with serious injury, including but not limited to a child, spouse, parent or military personnel. In special circumstances, based on mutual agreement between employee and employer, approved employee might be eligible to receive a substitute paid leave. The Family and Medical Leave Act of 1993 states that the leave can be up to 12 work weeks in any 12 months. Further noted, the employee has the full right to return to his or her previous employment with same position and pay rate. During the leave, the employee shall continue to receive medical benefits from employer. In the event of family and medical leave, the employee has to submit a request for leave (up to 12 weeks in any 12 months) in advance to the employer. At Company X, Employee A requested a family and medical leave due to birth of his premature twins and caring for his spouse. The employee was unpaid for 11 weeks. Employee A is approved to return to previous job, at the previous rate of pay. However, Employee A is requesting to be paid for his withheld salary (11 work weeks). The Family and Medical Leave Act of 1993 applies to Employee A’s situation which allows for Employee...
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...Employment Law Compliance Plan --------- HRM/531 July 27, 2014 Professor ------- To: Traci Goldeman From: -------- Date: July 27, 2014 Subject: Employment Law Compliance Plan This memo will describe the employment law compliance plan I made for Bradley Stonefield. He’s going to open a limousine service company named Landslide Limousine in Austin, Texas. He plans to hire twenty-five employees in the first year. This Employment law compliance plan will make him aware of most relevant employment laws and consequences of noncompliance with said laws. All employment laws federal, state and city level are designed to protect employees legal rights. They make sure employees are treated well and provide guidelines to the employers on how to treat their employees. So, it’s extremely important for an entrepreneur to be aware of laws and consequences for noncompliance. Following are some most relevant Federal, state, as well as Austin city employment laws very organization must follow: * The Equal Pay Act of 1963 * The Age Discrimination in Employment Act of 1967 (ADEA) * Family and Medical Leave Act (FMLA) * The Civil Right Act of 1964 * The Texas Labor Code Anti-Discrimination Provisions * Austin City Ordinance No. 20120426-063 The Equal Pay Act Of 1963 This act was signed into law by President John F Kennedy on June 10, 1963. This act made it illegal to pay men and women working in the same place different salaries for similar work National...
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...Labor and Employment Law Western Governors University LIT1 310.1.5-02,11,13 February 6, 2012 Course Mentor: Quinn Hanamaikai Task A: Evaluation of the Family and Medical Leave Act of 1993 as applied to situation A. A1? Has a violation occurred in situation A? To qualify for The Family and Medical Leave Act (FMLA), an employee or family member must suffer from an illness which is a chronic condition, a long term condition, hospitalization, a condition that requires ongoing treatment or have a pregnancy, parental complications or the adoption of a child. There are also many restrictions to qualify for FMLA. The employee in situation A has worked for the company for two years which meets the 12 month/1,250 hours worked in previous year requirement. As the employee’s spouse recently gave birth to twins, he is eligible for FMLA leave of 12 weeks under the Parental leave requirements. Both women and men can take parental leave under FMLA leave after the birth of a child. Any time within the first year after the child is born FMLA leave can be taken. Smaller companies are not required to give FMLA leave to their employees as it would be an undue strain. As Employee A had his FMLA leave request approved the company complied with FMLA as it has more than 50 employees within 75 miles of the workplace. Employee A has asked to return to work after 11 weeks of being on leave, and, and he is requesting to be compensated with pay for the 11 weeks that was withheld during his...
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...INTRODUCTION Companies operating in the United States need to be in compliant with Equal Employment Opportunity Commission (EEOC) regulations. There are many laws that are governed by EEOC regulations but in this paper, I will review Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). I will apply these two laws to the Gelato company hiring practice operating out of Heartland Corners, U.S.A. With the data I have, I will evaluate if Gelato is in compliant with the Title VII of the Civil Rights Act of 1964 for hiring black and other minority groups in the local area. I will also explore their practices of hiring younger employees to determine if they are violation of the ADEA. Lastly, I will make recommendations for compliance with the Title VII of the Civil Rights Act of 1964 and ADEA if any or needed. THE ISSUE WITH GELATO Gelato is a larger cheese maker that distributes throughout the United States. Gelato is located in Heartland Corners, U.S.A. and employs approximately 200 hundred workers. Currently their employees’ racial make-up is 85 percent white and 15 percent other races. The population of Heartland Corners is 50 percent white and 25 percent African American with the other 25 percent mixed with Hispanic, Asians and other races. The question here is whether or not Gelato is violating Title VII of the Civil Rights Act of 1964 by not hiring at the 4/5th or 80 percent rules used in determining if there is adverse...
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...evolves, many members among the United States workforce must continue to work past the age of 65. The increase in the number of late retirees has also increased the number of age discrimination complaints in the workplace. This report will analyze age discrimination in organizations and how it affects older workers in the United States workforce. This report will also analyze the federal laws and regulations that are enforced to protect older workers from illegal acts of age discrimination. In addition, this report will also disclose suggestions on how employers can reduce age discrimination in their company. Age Discrimination The Age Discrimination Employment Act of 1967 (ADEA) bans potential applicants, recruits, and employees from being treated “less favorably” because of their age (EEOC, 2011). The ADEA protects employees and job applicants that are over the age of 40, from discrimination during the entire employment process. For instance, an employee can file an age discrimination complaint with the EEOC if he or she believes they were not given a job opportunity based on age. However, the ADEA does not protect employees in industries that have a mandatory retirement age, such as air plane pilots, air traffic controllers, and police officers because of the safety requirement and skill level needed for these jobs (Wagner, 2011). In addition to the hiring process, age discrimination practices in the workplace include the following; promotions, wages and salaries, employee...
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...knowledge; however, was reluctant to hire him because of his age and physical condition. Mr. Jones placed the following comment on Smith’s application: “Is qualified, but appears to be out of the physical shape.” During the interview Mr. Jones explained he was looking for young men to fill the position and Smith’s age (forty-five) was a cause for concern. Jones also stated that if he got a haircut and improved his physical appearance, there might be a position at the customer service counter. According to Jones, the position paid slightly less but would be more reasonable for a man of Smith’s condition and age. Several days later, Mr. Jones received a notice from the local equal employment opportunity commission stating Mr. Smith had filed age-discrimination charges against him. The question is; what is discrimination and is Mr. Jones discriminating? To decide if this is discrimination we must first know the definition. Webster’s defines discrimination as the act, practice, or an instance of discriminating categorically rather than individually and, prejudiced or prejudicial outlook, action, or treatment. Clearly according to Webster’s one might say Mr. Jones is discriminating against Mr. Smith because of his age; however, he did offer Smith a different job. In the legal world, and in this case, these things are not always black and white nor does Webster’s definition always fit. The Age Discrimination in Employment Act of 1967 states, “It shall be unlawful for an employer-...
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...Age discrimination is one of the worst types of discriminations next to that of racial or ethnic discrimination. A person’s age should never be a factor in how they are treated. Once we reach the age where we can make logical conscious decisions on our own, we should be treated like everybody else. Age discrimination is predominant because the majority of this world’s inhabitants have unfair and old-fashion ideas or beliefs. .In order to help protect those who stand to be singled out and let go because of the unfairness of ageism, the Age Discrimination in Employment Act (ADEA) was designed with the older employee in mind. The issue at hand is that companies are not willing to look beyond their aging workforce, choosing instead to push them out of the technological loop rather than attempting to incorporate them as valuable assets. In our culture, the general perception is that with youth comes energy, imagination, and innovation. With age comes decreasing interest, lack of innovation and imagination, and a lessening of the quality of the person (Bennett, 2001, p. 410-411). source:laterlife.com /78%of older people have been victims of agism. older workers see themselvesas targetsfor redundancy and feel frustrated that their valuable skills are going to waste when they have so much to offer an employer. source :new york times / "older workers need not apply " reasons for discrimination : can be the perception of supervisors who often worry about how to manage older subordinates...
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...harder to get a job, 3. Discrimination and stereotype issues Answer the following questions in 100 to 200 words each. Provide citations for all the sources you use. • What is ageism? How does ageism influence the presence of diversity in society? According to ageismhurts.org, “Agesim is stereotyping or discrimination of a person or group of people because of their age” (2014). Ageism influences the presence of diversity in a society because there is a lot of discrimination and older people tend to be a diverse type of group amongst the younger population. Older people are being competed against younger people for many things. Agesim can cause a lot of cause and effects such as older people losing their job or getting ill due to their age. No matter the cause, the effect causes a more diverse population and it influences the elderly population, as well as people younger than them. What is the Age Discrimination in Employment Act (ADEA)? How does the ADEA address issues for the aging population? The ADEA prohibits employment discrimination against persons 40 years of age or older. The ADEA addresses issues for the aging population by “Specifically dealing with discriminatory policies involving employers, employment agencies and labor organizations” (elder-laws.com, 2014). Basically, the ADEA protects older people from different things and discriminatory practices in a job or different agencies, even with pay or benefits. The ADEA helps older people determine...
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...Situation A The Family and Medical Leave Act (FMLA) provides qualifying employees with up to twelve weeks of unpaid, job-protected leave per year (“Leave Benefits”). Also, the FLMA requires that an employee’s group health benefits be maintained during the leave. Additionally, the Act allows for accrued paid time off to be used during the leave, allowing the employee to receive some sort of income. The FMLA applies to the first situation in the sense that an employee took a job-protected leave to care for a newborn child. Employee A works for a company with over fifty employees and has been granted leave, even though it was sudden. He took an eleven week leave – less than the twelve week maximum - therefore his job was never in jeopardy. The new manager is required to accept Employee A’s return because that was guaranteed when the leave was granted. Under the laws of the FMLA, the manager is unable to terminate the employee while he is on leave because the Act protects his job. Also, the FMLA protects Employee A since he has worked for the company for at least twelve months. As previously mentioned, the FMLA is an unpaid leave, therefore the manager’s denial of Employee A’s request is valid. When returning from leave, all which is guaranteed is the same job and pay thus, no violations were committed in Situation A. Employee A could have used his accrued paid time off, even for a portion of his leave, in order to receive some income but, the FMLA does not require an...
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...use. • What is ageism? How does ageism influence the presence of diversity in society? Ageism is prejudice against a particular age-group, especially the senior citizens. There are a lot of senior citizens who are mentally and physical active regadless of age with a lot to contribute. There are a lot of people who treat them with disrespect, and make them feel unwelcomed.There are a lot of comedians joke about senior citizens and memory loss. There are even young adult who make fun of senior citizens because they are slow and do not walk or drive fast. Ageism robs the senior citizensof choice,independence, and dignity. ALFA seeks to illuminate discriminatory practices that adversely affect seniors’ lives, illuminate prejudicial attitudes toward the aging process, and institutional practices that perpetuate stereotypes about seniors. http://www.alfa.org/alfa/Ageism.asp • What is the Age Discriminitation in Employment Act (ADEA)? How does the ADEA address issues for the aging population? The age discrimination in employment act(ADEA) prohibits any employer from refusing to hire, discharge or discriminate against any individual because of age. The act pertains to the discrimination of individuals over the age of 40. The Age Discrimination in Employment Act specifically deals with discriminatory policies involving employers, employment agencies and labor organizations. It covers compensation as well as employee benefit plans, health coverage and pensions....
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